Disclosure (Scotland) Act 2020

15 Provision of relevant overseas police information

(1) Before providing a Level 2 disclosure to an applicant, the Scottish Ministers must request the chief officer of every relevant overseas police force to provide—

(a) any information relating to the applicant which—

(i) the chief officer reasonably believes to be relevant for the purpose of the disclosure, and

(ii) in the chief officer’s opinion ought to be included in the disclosure, and

(b) a statement of the chief officer’s reasons for—

(i) the chief officer’s belief that the information is relevant for the purpose of the disclosure, and

(ii) the chief officer’s opinion that the information ought to be included in the disclosure.

(2) Where information is received by the Scottish Ministers from the chief officer of a relevant overseas police force in response to a request under subsection (1), the Scottish Ministers must arrange for the independent reviewer to carry out a review of the information.

(3) In the review the independent reviewer must decide—

(a) whether the information is relevant for the purpose of the disclosure, and

(b) whether the information ought to be included in the disclosure.

(4) The Scottish Ministers may include the information in a Level 2 disclosure only if the effect of the final outcome of proceedings in the review carried out by the independent reviewer (including any appeal against the independent reviewer’s decision by virtue of regulations under subsection (5)) is that the information—

(a) is relevant for the purpose of the disclosure, and

(b) ought to be included in the disclosure.

(5) The Scottish Ministers may by regulations make further provision in connection with the carrying out of a review by the independent reviewer under this section including, in particular, provision for or about—

(a) the provision of information to the independent reviewer for the purpose of a review (including the conferral of powers on the independent reviewer to require the provision of information),

(b) giving the applicant an opportunity to make representations,

(c) notification of the independent reviewer’s decision in a review,

(d) an appeal to a sheriff on a point of law against the independent reviewer’s decision,

(e) what constitutes the final outcome of proceedings for the purposes of subsection (4).

(6) In this section—

• “chief officer”, in relation to an overseas police force, means the person responsible for the direction of the overseas police force,

• “overseas police force” means—

  (a)

  the States of Jersey Police Force,

  (b)

  the salaried police force of the Island of Guernsey,

  (c)

  the Isle of Man Constabulary,

  (d)

  a body with functions in any country or territory outside the United Kingdom, the Channel Islands and the Isle of Man that correspond to those of a police force in any part of the United Kingdom,

• “relevant overseas police force” means such overseas police force as may be prescribed.